FMM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 20

FMM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 20

Paragraph (a)(iii) of the definition of 'excluded fast track review applicant' in s 5 of the Migration Act 1958 (Cth) requires only that, in the Minister's opinion, the person has made a claim for protection in a country other than Australia that was refused by that country. It does not require commonality or comparison between the earlier foreign claim and the later Australian claim. The appellant's statements that he had applied for refugee status or protection in France, that the application was refused, and that he was a failed asylum seeker deported from France to Sri Lanka were a sufficient foundation for the delegate's opinion. The delegate therefore did not misunderstand the...

Jurisdiction
Australia
Judgment Date
26 February 2020
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application Concerning Refusal of a Temporary Protection Visa / Appeal to the Full Court of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'excluded Fast Track Review Applicant' 'part 7 AA of the Migration Act 1958 (cth)' 'merits Review by the Immigration Assessment Authority' 'jurisdictional Error' 'materiality']
['migration Law' 'administrative Law' 'statutory Interpretation'] ['protection Visa' 'excluded Fast Track Review Applicant' 'part 7 AA of the Migration Act 1958 (cth)' 'merits Review by the Immigration Assessment Authority' 'jurisdictional Error' 'materiality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application Concerning Refusal of a Temporary Protection Visa / Appeal to the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the delegate applied the correct construction of the definition of 'excluded fast track review applicant' in s 5 of the Migration Act 1958 (Cth)." 'Whether the material before the delegate was sufficient to form the opinion that the appellant had made a claim for protection in France that was refused.' "If the delegate's construction was incorrect, whether the error was material to the formation of the opinion."]

Ratio Decidendi

Paragraph (a)(iii) of the definition of 'excluded fast track review applicant' in s 5 of the Migration Act 1958 (Cth) requires only that, in the Minister's opinion, the person has made a claim for protection in a country other than Australia that was refused by that country. It does not require commonality or comparison between the earlier foreign claim and the later Australian claim. The appellant's statements that he had applied for refugee status or protection in France, that the application was refused, and that he was a failed asylum seeker deported from France to Sri Lanka were a sufficient foundation for the delegate's opinion. The delegate therefore did not misunderstand the...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed.' 'Appellant pay the costs of the first respondent fixed in the sum of $7,241.00.']